Ram Pravesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7827 of 2020 ====================================================== Ram Pravesh Ram, Son of Late Ram Bachan Ram, R/o- Village and P.O.- Kesath, P.S.- Navanagar, District- Buxar.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Reforms Department, Patna, Bihar.

2.

The District Magistrate Buxar.

3.

Anumandaliya Lok Sikyate Niwaran Padadhikari, Dumaron. 4.

The Sub- Divisional Magistrate, Dumaron.

5.

The Land Reforms Deputy Collector, Dumaron.

6.

The Circle Officer, Kesath.

7.

The Thana-in-Charge, Navanagar.

8.

Shivrati Musahar, S/o Late Dadan Musahar R/o- Village and P.O.- Kesath, P.S.- Navanagar, District- Buxar.

9.

Ajab Musahar, S/o Late Nifikeer Musahar, R/o- Village and P.O.- Kesath, P.S.- Navanagar, District- Buxar.

10. Brinda Musahar S/o not known R/o- Village and P.O.- Kesath, P.S.- Navanagar, District- Buxar.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Respondents-State:

Mr. Abhoy Kumar Kashyap, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGEMENT 24-09-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing.

2. The prayers of the petitioner in the present writ petition are as follows:- "1/A. That this is an application for issuance of a writ in the nature of mandamus commanding and directing the respondent authorities to remove the encroachment over the land bearing Khata

2/2 No.1547, Khesra No. 3794 area about 40 Decimal & Khata No.1552, Khasra No.3726 area about 6 Acre 4 Decimal, the nature of the said lands are „Annabad Sarvsadharan‟ & „Zila Parishad, Bhojpur, Ara‟ respectively and situated at village+P.O.-Kesath, P.S.-Navanagar, DistrictBuxar, mainly used for communication of local people and adjacent villagers.

1/B.

For directing the respondents (respondent no.2) to pass an appropriate order on the petition filed by the petitioner before the Anumandaliya Lok Sikyate Niwaran Padadhikari, Dumraon regarding land in question for removing the encroached by respondent no. 8 to 10.

1/C. For issuance of other writ/writs, order/orders, direction/directions for which the petitioner found entitled to."

3. In view of the availability of an equally efficacious statutory remedy to the petitioner for the reliefs prayed for in the present writ petition under Section 4 of the Bihar Public Land Encroachment Act, 1956, I am not inclined to entertain this application under extra-ordinary writ jurisdiction.

4. The application is dismissed, accordingly. sanjeet/- (Ashwani Kumar Singh, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 24.09.2020 Transmission Date NA